Feds Beg Supreme Court to Let Them Search Phones Without a Warrant

American law enforcement has long advocated for universal “kill switches” in cellphones to cut down on mobile device thefts. Now the Department of Justice argues that the same remote locking and data-wiping technology represents a threat to police investigations -- one that means they should be free to search phones without a warrant.

In a brief filed to the US Supreme Court in the case of alleged Boston drug dealer Brima Wurie, the Justice Department argues that police should be free to warrantlessly search cellphones taken from suspects immediately at the time of arrest, rather than risk letting the suspect or his associates lock or remotely wipe the phone before it can be searched.

The statement responds to briefs made to the court by the Center for Democracy and Technology and the Electronic Frontier Foundation arguing that warrantless searches of cellphones for evidence represents a serious violation of the suspect’s privacy beyond that of a usual warrantless search of a suspect’s pockets, backpack, or car interior.